Legal Opinion

Herget v. Central National Bank & Trust Co.

Supreme Court of the United States

Decided January 29, 1945No. 322PublishedCited by 65 opinions

1Opinion of the CourtJustice Murphy

This case presents the narrow issue of whether § lie of the Bankruptcy Act, 11 U. S. C. § 29e, bars at the end of two years from the date of adjudication in bankruptcy an action brought by the trustee in bankruptcy to set aside and recover a preferential transfer.

On April 11, 1938, N. L. Rogers & Company, Inc., filed a voluntary petition in bankruptcy and was duly adjudged a bankrupt on the same day. On March 3, 1943, the petitioner trustee filed a complaint under § 60 of the Bankruptcy Act, 11 U. S. C. § 96, against the respondent bank to set aside and recover payments totalling over…

2Cases cited22 opinions

  1. Bailey v. GloverSupreme Court of the United States · 1875
  2. Campbell v. HaverhillSupreme Court of the United States · 1895
  3. Rawlings v. RaySupreme Court of the United States · 1941
  4. McClaine v. RankinSupreme Court of the United States · 1905
  5. Banks v. OgdenSupreme Court of the United States · 1865

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3Cited by65 opinions

  1. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  2. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corp.Supreme Court of the United States · 1966
  3. Cope v. AndersonSupreme Court of the United States · 1947
  4. Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
  5. In Re Cushman Bakery and Cushman Baking Company. Appeal of Jacob Agger, TrusteeCourt of Appeals for the First Circuit · 1976

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